1. (a) All documents and pleadings relating to any proceeding pending or to be instituted before the board shall be filed with and/or served upon the executive director.
2. (b) Unless otherwise provided by applicable law or rule, in any contested case referred by the executive director to an examiner to conduct a hearing, all parties shall file documents and pleadings initially with the examiner. After the examiner issues his final report and proposal for decision and all proceedings before the examiner have concluded, parties are then required to file all documents and pleadings with the executive director.
3. (c) Copies of any documents or pleadings filed with or served upon the executive director or examiner shall be served upon all other parties of record to the proceeding contemporaneously with such filing or service. If any party is represented by an attorney or other representative authorized under this Chapter to make appearances, service shall be made upon that attorney or representative.

4. (d) Unless otherwise stated, all documents and pleadings required to be served on any party may be served by any of the following methods:

   1. (1) hand-delivery;
   2. (2) certified or registered mail to the party's last known address;
   3. (3) facsimile to the party's current facsimile number; or
   4. (4) any other manner as the executive director or examiner, in his discretion, may reasonably require.
5. (e) Service by mail shall be complete when the pleading or document is properly addressed, postage paid and deposited in a postal box. Service by facsimile is complete when the pleading or document is transmitted to the recipient's current facsimile number. Service by facsimile after 5:00 p.m. (recipient's time) shall be considered completed service on the following date. Notwithstanding the foregoing, whenever any portion of a pleading or document may be considered or ruled upon at a hearing, then the party or representative serving same shall, not less than three (3) days prior to any hearing, take all reasonable steps to notify, by telephone or facsimile, all other parties to the proceeding as to the nature of the pleading or document filed and the relief requested therein.
6. (f) The party or authorized representative filing or serving any documents or pleadings shall, by his signature, certify to the examiner or executive director compliance with these rules regarding service. The failure of any party or authorized representative to comply with rules regarding service of documents and pleadings may be grounds for the entry of an order striking the pleading or document from the record or the imposition of other appropriate sanctions.
7. (g) Documents and pleadings are considered to be filed with the executive director or examiner when they are received by the executive director or examiner or when they are postmarked, whichever is earlier.

Source Note:The provisions of this §67.7 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165.